IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF APRIL, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION No.4910/2014 BETWEEN:
SMT. SUNITHA SHARMA, D/O. SUSHEELA SHARMA, AGED ABOUT 30 YEARS, OCCUPATION: AGRICULTURIST & HOUSEHOLD WORK, RESIDING AT NO.166, 15TH CROSS, MALGALA VILLAGE, NAGARABHAVI II STAGE, YESHWANTHPURA HOBLI, BENGALURU – 560 072. ... PETITIONER (BY SMT. RASHMI JADHAV, ADVOCATE - ABSENT) AND:
1. THE STATE OF KARNATAKA, BY CUBBONPET POLICE STATION, BANGALORE–560 001.
REPRESENTED BY THE SPECIAL PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, HIGH COURT BUILDINGS, BENGALURU – 560 001.
2. SRI. SANJEEV SINGH S/O. DR.M.N.SINGH AGED 34 YEARS R/AT NO.”G”-16 GOLDEN ARCADE LAVELLE ROAD BANGALORE-560 001. ... RESPONDENTS (BY SRI. VIJAYA KUMAR MAJAGE, ADDL. SPP FOR R1) THIS CRIMINAL PETITION IS FILED U/S.482 OF CR.P.C. PRAYING TO SET ASIDE THE ORDER DATED 31.08.2012 PASSED BY THE VIII ADDL. CHIEF METROPOLITAN MAGISTRATE, BENGALURU IN C.C.NO.24638/2012 THEREBY TAKING COGNIZANCE OF THE OFFENCES P/U/S 448, 504, 506, 427 R/W SECTION 34 OF IPC AND CONSEQUENTLY THE ENTIRE PROCEEDINGS THEREON INSOFAR AS IT RELATES TO THE PETITIONER.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Learned counsel for the petitioner is absent. Perused the records.
2. The impugned order dated 31.08.2012 passed by the learned VII Additional Chief Metropolitan Magistrate, Bangalore in C.C.No.24638/2012 discloses that the learned Magistrate on perusal of the complaint and having satisfied himself that the prosecution has made out a case against the accused Nos.1 to 3 has taken cognizance for the offences punishable under Sections 448, 504, 506, 427 read with 34 of IPC.
3. On going through the records, I do not find any error or illegality in the course adopted by the learned Magistrate warranting interference in the impugned order passed by the trial Court.
Petition is dismissed.
In view of the dismissal of the main petition, IA No.1/2014 for stay does not survive for consideration.
Sd/- JUDGE JS/- CT:SG